Using form N119- Particulars of Claim

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    Using form N119- Particulars of Claim

    Can anyone help me with the N119 form please?
    What does part 9 (forfeiture) mean?!
    It's my first time doing this and I was given the wrong forms to start with.
    Any advice appreciated.

    #2
    http://www.hmcourts-service.gov.uk/c.../n119_0805.pdf

    The question is asking if the property owner i.e. you has either a mortgage or a lease.

    Do you have a lease ? If the property is a house then you probably will not. If the property is a flat then you probably will have a lease unless you bought the freehold. In in extreme circumstances, you could lose your lease if the occupants of the property behaved badly i.e. broke the terms of the lease.

    Do you have a mortgage on the property ?

    If you have either then put your name down on Q. 9.

    Comment


      #3
      Thank-you. I have a mortgage on the house. So do I put in my own name and address or that of the mortgage provider? It is a bit confusing, since the notes ask you to file an additional copy for service on that person!
      I was going to say what the mortgage repayments are in part 8. Should I still do this do you think?
      Part 11 asks about 'in the alternative to possession'. Do I answer 'no' or cross it out, since I do want possession?
      In part 5 it asks for full details of steps to recover rent. Does this mean a blow by blow account of phone calls etc. or just that several attempts were made to contact tenants?
      Do I need to include copies of agreements at this stage or wait for a court hearing?
      I've heard so many stories of things going wrong through forms being filled incorrectly that I am becoming paranoid

      Comment


        #4
        Originally posted by vjb View Post
        Thank-you. I have a mortgage on the house. So do I put in my own name and address or that of the mortgage provider? It is a bit confusing, since the notes ask you to file an additional copy for service on that person!
        I was going to say what the mortgage repayments are in part 8. Should I still do this do you think?
        Part 11 asks about 'in the alternative to possession'. Do I answer 'no' or cross it out, since I do want possession?
        In part 5 it asks for full details of steps to recover rent. Does this mean a blow by blow account of phone calls etc. or just that several attempts were made to contact tenants?
        Do I need to include copies of agreements at this stage or wait for a court hearing?
        I've heard so many stories of things going wrong through forms being filled incorrectly that I am becoming paranoid
        I was wrong, the mortgagee is not you, it's the mortgage provider. Therefore put the lenders details down.

        Comment


          #5
          Have you tried the online guidance ?

          http://www.hmcourts-service.gov.uk/c...n119a_1005.pdf

          Also download partially completed forms here

          http://www.youngandpearce.co.uk/landlord-forms.htm

          Also search under advanced forum search for posts by Rodent1

          Also see

          Originally posted by Beeber View Post
          http://www.landlordzone.co.uk/notice_to_quit.htm

          http://www.landlordzone.co.uk/Possession.htm

          Note that landlords are generally recommended to serve an S21 as a back-up because tenants can thwart repossession by S8 by paying down arrears just before the court case.

          Notices and possession information are here

          http://www.landlordzone.co.uk/agreements.htm

          Landlords are generally recommended to be ultra careful in the way they complete and issue these documents as apparently a large number of court cases get thrown out for paperwork issues which mean that after waiting months for a court appearance, the landlord has to start from scratch again.

          Comment


            #6
            N119 form- Particulars of Claim

            Hi guys

            my first time going through this process.

            Would really appreciate anyone's advice with filling out a N119 form "Particulars of Claim for possession"
            under q9, the bit about the Fortfeiture
            a) "There is no underlessee or mortgagee entitled to claim relief against forfeiture"
            or
            b) "is entitled to claim relief against forfeiture as underlessee or mortgagee"

            the property still has a mortgage, so which part do I fill out, a or b?

            Thanks

            Comment


              #7
              I have been to court a few times using s8 for flats and houses, I cant say i fully understand the question either but i have always left 9a and struck out 9b and the line under it. I have won every hearing.

              Under 11 tick no and then cross through 12,13 & 14

              I always leave 8 blank.

              Under 5 if you havent taken any legal steps just write "no legal steps taken".

              If i remember correctly you need to send a copy of the first and last contract, the s8 notice sent, proof of postage, up to date rent schedule and the compleated n5 & n119 and paper clip together into a pack . You also then have to copy every doc and send to the court a pack for judge and another for each adult on the contract which the court then pass on. You should then get a hearing between 4-8 weeks.

              This is what i have always done it works for me but i dont know the full details of your case and may not be correct for you.

              Comment


                #8
                Mny thks for yr reply.
                Its hanging on the balance at the moment:
                the latest is the tenant hv now paid up (almost) HALF of the arrears, and says will try to clear remaining ones "in small amounts" - but its looking likely that even by the time the Section 8 expire next week, they still won't be able to clear it all, so should I go ahead with submitting N119 + N5?
                Are both these forms, then a court date only applicable IF on the date of the hearing the tenants are still in arrears of 2 months or more?
                If so, then its like a guessing game for us, have to anticipate if by then they're still in arrears of 2 months or more...
                Any advice/suggestions will be most appreciated.

                Cheers

                Comment


                  #9
                  If they bring down the amount owed to under 2 months at the time of the hearing you will then have to relie on grounds 10 & 11 which is no guarantee of getting possession. But saying that in my expirenance if the tenant doesnt turn up and you can prove g 10 & 11 you have a good chance still of getting possession.

                  They could turn up with a chq on the day of the hearing but if they havent paid by chq before you dont have to accept it. Demand cash

                  Have you served a s21 as well? Because if the judge is humming and hahring about giving a possession order on g 10 & 11 you could mention that a valid s21 is in place as well and that may swing it.

                  Comment


                    #10
                    Originally posted by johnboy View Post
                    If they bring down the amount owed to under 2 months at the time of the hearing you will then have to relie on grounds 10 & 11 which is no guarantee of getting possession. But saying that in my expirenance if the tenant doesnt turn up and you can prove g 10 & 11 you have a good chance still of getting possession.

                    They could turn up with a chq on the day of the hearing but if they havent paid by chq before you dont have to accept it. Demand cash

                    Have you served a s21 as well? Because if the judge is humming and hahring about giving a possession order on g 10 & 11 you could mention that a valid s21 is in place as well and that may swing it.
                    although you may have problems if you have not relied on the s21 notice in your pleadings
                    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                    Comment


                      #11
                      Re: S21
                      I was told Section 21 can only be served if there is 6 months left on the Short Term Lease, in which case no - theres actually MORE THAN 12 months left. So are you saying I could've/should've served S8 & S21 simultaneously?
                      The reason why I think I HAVE to go ahead with the N119 & N5 is because tenants have not been up to date with the rent right from the beginning, excuses after excuses, I can only assume they only coughed up PART of the rent arrears now because I've told the Lettings Agent I would pursue court action.
                      Thks again.

                      Comment


                        #12
                        Originally posted by greenhouse View Post
                        Re: S21
                        I was told Section 21 can only be served if there is 6 months left on the Short Term Lease, in which case no - theres actually MORE THAN 12 months left. So are you saying I could've/should've served S8 & S21 simultaneously?
                        The reason why I think I HAVE to go ahead with the N119 & N5 is because tenants have not been up to date with the rent right from the beginning, excuses after excuses, I can only assume they only coughed up PART of the rent arrears now because I've told the Lettings Agent I would pursue court action.
                        Thks again.
                        Assuming it is an AST, when did it start and what is the fixed term?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                          #13
                          does "AST" = Assured Short Term ?

                          18 months term, started 5 months ago.

                          Comment


                            #14
                            Originally posted by greenhouse View Post
                            does "AST" = Assured Short Term ?

                            18 months term, started 5 months ago.
                            In that case, unless there is a break clause operable by both LL or T, you are stuck with them for the next 13 months unless they maintain rent arrears sufficiently large to warrant a section 8.

                            If they do not, a s21 can be served at any time before the last 2 months of the fixed term, to expire on the last day of fixed term.
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              I've just checked my AST (got it now: Assured Shorthold Tenancy) again
                              and found a clause that say I can bring the tenancy to an end at anytime BEFORE the fixed term (18months?) by giving the tenants 2 months notice. And then it says
                              "A Notice under Section 21 of the Housing Act 1988 will suffice to implement this sub-clause"

                              does this mean, I only need to give tenants 2 months notice and don't have to serve S21 notice?

                              Comment

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